Statutes

Missouri Revised Statutes:

• Section 575.040 (perjury)
• Section 570.408 (perjury for the purpose of obtaining public assistance)

Elements of Perjury Charges

Perjury: With the intent to deceive, an individual knowingly give false testimony about any material fact while under oath in any official proceeding.

A fact is "material" if it could substantially affect, or did substantially affect, the course or outcome of the cause, matter, or proceeding. Note: Knowledge of the materiality of the statement is not an element of the offense.

Perjury constitutes a:

• Class E Felony if it's committed in any proceeding not involving a felony charge;
• Class D Felony if it's committed in any proceeding involving a felony charge;
• Class B Felony if it's committed during a criminal trial for the purpose of securing the conviction of accused for felonies except for murder;
• Class A felony if it's committed during a criminal trial for the purpose of securing conviction of accused for murder.

Perjury for Purposes of Obtaining Public Assistance: An individual knowingly makes a misleading or false statement or misrepresents a material fact (for purposes of obtaining public assistance) if the false or misleading statement is reduced to writing and verified by the signature of the person making the statement and by the signature of any employee of the Missouri department of social services.

A statement or fact is "material" if it could substantially affect or did substantially affect the granting of public assistance. Note: Knowledge of the materiality of the statement or fact is not an element of the offense.

Perjury for Purposes of Obtaining Public Assistance constitutes a:

• Class M Misdemeanor if the value of the public assistance obtained or sought is under $750;
• Class E Felony if the value of the public assistance obtained or sought is $750 or more;
• Class D Felony if the person has previously been found guilty of two perjury violations under the section.

Possible Defenses

• Mistake of fact
• The statement was not false.
• The statement wasn't about a material issue.
• Defendant retracts the false statement in the court of the official proceeding where it was made, but they must do it before the falsity of the statement is exposed.
• It's no defense that the defendant mistakenly believed the fact to be immaterial; or the actor wasn't competent, for reasons other than mental disability or immaturity, to make the statement.

Related Offenses

Missouri Revised Statutes:

• Section 575.050 (making a false affidavit)
• Section 575.060 (making a false declaration)
• Section 575.080 (making a false report)